Colleges and universities are unique and critical constituents of the culture. They can be monastic refuges where professors are permitted to live the life of the mind, free to pursue ideas and knowledge for their own sake, unfettered by the necessity of immediate practical benefit. At the other end of the spectrum, professors can both seek knowledge and pursue remuneration for the practical benefits of their research.
Universities and colleges are also businesses that must pay the bills. They exist in an in between world, more or less dependent on tuition income, government grants or subsidies, and alumni contributions. Recently, universities and colleges — especially the elite ones — have become islands of “progressive” thought in a sea of a center-right republic. As a consequence, they can provide a glimpse into what the world would look like ruled by progressives free of the accountability to a constituency.
In 2006, members of the Duke lacrosse team were falsely accused of rape. In a complex society, there will always be serious accusations both with and without merit. It is the responsibility of law enforcement and the courts to sort through these. In this particular Duke case, it turned out that the district attorney in Durham North Carolina, Mike Nifong, did not conduct himself properly. It came to light that he withheld exculpatory DNA evidence, while at the same time insisting on the guilt of those charged. Fortunately, the parents of the accused were sufficiently affluent to hire quality legal representation. If not for their representation, the accused might have been ground down under the wheels of aggressive district attorney. Ultimately, Nifong was disbarred and served one day in jail for criminal contempt of court.
Part of Nifong’s motivation was the necessity of re-election in Durham, NC. Eighty-eight Duke faculty members (eleven from the History Department) signed a statement implicitly assuming that the rape charges were not only true, but symbolic of the behavior of white males. It was in this context that Nifong came to the case. It may have been Nifong’s eagerness to demonstrate his sensitivity to minority groups that clouded his prosecutorial judgment.
One might have thought that the whole situation would have caused those who rushed to judgment, particularly the Duke faculty, to be self-reflective and recognize the importance of waiting for due process.However, progressive thought is not so easily contained. None of the eighty-eight faculty who signed the petition apologized. Perhaps they assumed that even if these individuals were not guilty in this case, there must be something that the white jocks were guilty of.
Current actions by Duke are more revealing of the perverse logic of progressive justice. According to the National Journal, Duke has adopted a new sexual misconduct policy that creates a situation ripe for the same notorious injustice perpetrated by the lacrosse player accusations. The new rules assume very simple-minded and easily swayed Duke co-eds who must provide very explicit consent lest some male Duke student uses his high IQ to persuaded a fellow Duke student into sex. The new rules do not allow the someone accused of sexual misconduct the representation of an attorney or the right to face the accuser. The accuser can also receive copies of the investigative documents, while the accused can not.
The rules are an invitation to a lawsuit by someone falsely accused, an alternative mostly available to one who afford an attorney. The irony is that this example of progressive justice was developed and adopted by those, one would be willing to wager, who are convinced that the former President George W. Bush eviscerated the Constitution by granting limited due process to illegal enemy combatants.

Cool and Sedate Reflection
January 17th, 2010There are two traditional models for political representation: that of a “delegate” or a “trustee.”
A delegate is sent to a representative body to vote the way he believes his constituents would want him to. Such a delegate aligns his views directly with the collective views of the people he represents. He embodies his constituency. The delegate theory of representation is favored by populists and some early founders. In the extreme limit, the delegate theory reduces to a more efficient way to implement a plebiscite democracy — the kind of democracy that through referenda has made California almost ungovernable.
The trustee model of representation holds that a constituency votes for a representative whose judgment they trust and rely upon. A trustee has the time to consider legislation in detail, and pursues legislation that would balance the benefits of the whole polity and the local constituency – even if the constituency disagrees with a particular position. In the extreme limit, a trustee model of the representation can degenerate to rule by the elite.
Some Congressional and Senatorial representatives subscribe to a hybrid of the above models. They believe they are sent to Washington to vote a certain way on one or two conspicuous issues (e.g., gun control, abortion, farm legislation), while they are free to exercise their judgment in most other areas.
Conservatives, at least those who have not surrendered to populist temptations, subscribe to the trustee theory of representation, as advocated by William Burke and articulated by Alexander Hamilton in Federalist 71:
“The republican principle demands that the deliberate sense of the community should govern the conduct of those to whom they entrust the management of their affairs; but it does not require an unqualified complaisance to every sudden breeze of passion, or to every transient impulse… When occasions present themselves, in which the interests of the people are at variance with their inclinations, it is the duty of the persons whom they have appointed to be the guardians of those interests, to withstand the temporary delusion, in order to give them time and opportunity for more cool and sedate reflection.”
How should the trustee model of representation apply to the current debate about health care “reform?” A clear majority of Americans are doubtful of and opposed to the current version(s) of health care reform as they understand it (them) . Nonetheless, if in its best deliberative judgment, Congress believes the reform is in the best interests of the country, then the trustee model of representation would suggest that they vote in accordance with their best judgment.
There remain, however, several mitigating factors. The current health care reform proposal represents very radical adjustments of present arrangements, and prudence suggests that we can expect comparably large unintended consequences. The results of truly “cool and sedate” deliberation rarely result in abrupt or radical changes. Moreover, the ultimate success of such a complicated enterprise depends in part on its acceptance by the polity. Even if one believes that health care reform could theoretically produce better results, if the country does not subscribe to the same conclusion, it may reduce the probability of success. Strong public animosity to legislation is not an irrelevant consideration to someone entrusted as a representative.
It would be disingenuous for Democrats to argue that they are modulating the passing whims of the people with “cool and sedate reflection,” while negotiating behind closed doors and buying off special interests with targeted deals for Louisiana, Nebraska, and the unions. Rather than reducing volatility, Congress seems to be rushing headlong to pass a bill before popular sentiment makes it more difficult for representatives concerned about re-election to support the bill.
Liberal Democrats would be understandably disappointed if they cannot manage health care reform. However, the compromises being agreed to (and supported by large pharmaceutical and insurance companies) will likely create a system far different from the one they originally envisioned. Indeed, if presented with the current proposal a year ago, they would likely be embarrassed by it. The drive to get something — anything — rather than calm consideration is the driving ethos. Part of the discipline of a democracy is to maintain the good judgment not to push the polity too far from the direction they can be persuaded to travel. This political discipline and respect for the governed has been trampled in the stampede to health care. It is time for Congress to step back, pause, and reflect coolly and sedately about appropriate changes to current health insurance arrangements.
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